Union Of India, Ministry Of Defence., v. Surg. Lt. Cdr. Trishna Taralkar And ANR.,

mca1067-19dt.09-12-19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.1067 OF 2019 IN WRIT PETITION NO.318 OF 2018 Union of India, Ministry of Defence.

..... Applicant.

Versus

Surg. Lt. CDR. Trishna Taralkar & anr.

.....

Respondents.

Mr. Raviraj R. Chodankar, Standing Counsel for the Applicant. Mr. Bhargav M. Khandeparkar, Advocate for the Respondents. Mr. D. Pangam, Advocate General with Ms. Neha Kholkar, Additional Govt. Advocate for original Respondents No. 5 & 6. Mr. D. Lawande, with Mr. P. Dangui, Advocates for original Respondents No.7 & 9.

Coram : M.S. Sonak & Smt. M.S. Jawalkar, JJ.

Date : 9 th December, 2019.

P.C. :

Heard Mr. Chodankar appearing for the original Respondent No.4 and the Applicant in this Misc. Civil Application No.1067/2019.

2.

On 21/11/2019, we were constrained to issue a bailable warrant to secure presence of Mr. A.K. Tewari, Deputy Secretary

mca1067-19dt.09-12-19 (AG-I), New Delhi, as we found that our orders were neither being complied with, nor were any application seeking extension of time in that respect being filed before us.

3.

Today, Mr. Chodankar, learned Standing Counsel for the Union of India refers to the communication dated 2.12.2019. The application states that the Hon'ble Raksha Mantri has declined approval for sanction for prosecution against Lt. Col. J.S. Uppal, but has directed for taking over of the criminal case under Section 125 of the Army Act.

4.

At this stage, it is really not necessary for us to go into the decision on merits of the issue of legality or otherwise of the decision taken. Suffice to note that there is now compliance with our earlier orders and, therefore, we are satisfied that there is no necessity for the bailable warrant to stand.

5.

Accordingly, we recall our order issuing bailable warrant. 6.

Misc. Civil Application No.1067/2019 is disposed of in the aforesaid terms.

Smt. M.S. Jawalkar, J. M.S. Sonak, J.